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ORTIZ v. STATE

No. 14-02-01101-CR.

144 S.W.3d 225 (2004)

Raul ORTIZ, Appellant v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

August 10, 2004.

Attorney(s) appearing for the Case

James E. Lindeman, III, Houston, for Appellant.

Alan Curry, Houston, for State.

En Banc Court consists of Chief Justice HEDGES and Justices YATES, ANDERSON, HUDSON, FOWLER, EDELMAN, FROST, SEYMORE, and GUZMAN.

OPINION

J. HARVEY HUDSON, Justice.

Appellant, Raul Ortiz, was charged by indictment with murder. He was convicted by a jury of the lesser included offense of deadly conduct. The jury assessed punishment at confinement for seven years in the Institutional Division of the Texas Department of Criminal Justice and a fine of $5,000. In three points of error, appellant contends the trial court erred (1) in charging the jury on deadly conduct as a lesser included...

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